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HomeMy WebLinkAbout2013-02-04 City Council Minutes Approved c,1 Y 0� cOR„ City Council Minutes—February 4, 2013 At 7:00 p.m. Mayor Dean Maxwell called the regularly scheduled Anacortes City Council meeting of February 4, 2013 to order. The assembly recited the Pledge of Allegiance. Roll call found present: Eric Johnson, Ryan Walters, Erica Pickett, Brad Adams, Bill Turner and Cynthia Richardson. Brian Geer was absent. Minutes of Previous Meeting Mrs. Richardson asked to amend the minutes of January 22, 2013 regarding Citizen Hearing comments made by Tom Glade. She said the draft minutes reflected Mr. Glade's statement but did not fairly represent her comments at the March 5, 2012 meeting. Mrs. Richardson moved, seconded by Mr. Walters, to approve the minutes of January 22, 2013 striking the second sentence of the paragraph reporting Mr. Glade's comments and to approve the minutes of January 28, 2013. Vote: Ayes—Walters, Pickett, Adams, Turner, Richardson and Johnson. Motion carried. Citizen Hearings Sandra Spargo, 1408 11th Street, commented that the supplemental packet on the UGA submitted to the county referred to the redesignation of 16.57 acres along the Padilla Bay shoreline that had been discussed by the Council and asked if this was the same as the 31.31 acres of LM-1 land addressed by Mr. Larsen at the August 20, 2012 City Council meeting, saying the two don't coincide. Mrs. Spargo said the public would like to know about any discussion Council has had about the 16.57 acres. Mayor Maxwell said that acreage was discussed in the referenced minutes. Tom Glade, 210 Mansfield Court, said he agreed with Mrs. Richardson's amendment to the minutes of January 22, 2013 but that he was paraphrasing the minutes from the March 5, 2012 meeting, that there was no public hearing on the Water System Plan, and that he would get back with Council on what was quoted in the minutes. Mayor/Council Communication and Committee Reports Mayor Maxwell thanked everyone who had a hand in the parade celebrating the completion of chemotherapy for 6-year-old Madelyn Kuhnlein. Swearing In of Police Officer Scott Ray: Police Chief Bonnie Bowers introduced Police Officer Scott Ray and provided background on his education and prior career in the Navy. Chief Bowers said Officer Ray recently graduated from the police academy second in his class in firearms, second overall, and was voted Partner Officer by his classmates. Mayor Maxwell administered the oath of office to Officer Ray. Skagit Valley Tulip Festival Presentation: Cindy Verge, Executive Director of the Skagit Valley Tulip Festival, presented Anacortes with its copy of the 2013 Tulip Festival poster and described the work of featured artist, Karen Sistek. Ms. Verge thanked Anacortes for its support of the Festival through hotel/motel tax money which helps fund the annual festival brochure. Reappointment of Curt Oppel and Charles Bourbeau and Appointment of Peggy Flynn to Board of Adjustment: Mayor Maxwell asked council to confirm his reappointment of Curt Oppel and Charles Bourbeau to the Board of Adjustment for four-year terms and his appointment of alternate Peggy Flynn to fill the regular position on the Board of Adjustment vacated by Cory Ertel. Mrs. Richardson moved, seconded by Mr. Turner, to approve all three appointments to the Board of Adjustment. Vote: Ayes— Pickett, Adams, Turner, Richardson, Johnson and Walters. Motion carried. Reappointment of John Archibald to Planning Commission: Mayor Maxwell asked council to confirm his reappointment of John Archibald to the Planning Commission for a six-year term. Mrs. Pickett moved, seconded by Mr. Adams, to reappoint John Archibald to the Planning Commission. Vote: Ayes—Adams, Turner, Richardson, Johnson, Walters and Pickett. Motion carried. Anacortes City Council Minutes February 4, 2013 1 Appointment of Cory Ertel to Planning Commission: Mayor Maxwell asked council to confirm his appointment of Cory Ertel to the Planning Commission for a six-year term expiring December 31, 2018, the position vacated by Bertis Rasco. Mr. Turner moved, seconded by Mrs. Pickett, to appoint Cory Ertel to the Planning Commission. Vote: Ayes—Turner, Richardson, Johnson, Walters, Pickett and Adams. Motion carried. Mr. Turner said he had received a letter from people supporting coal shipping out of Bellingham to China and that he had responded that he did not support taking coal out of Montana and shipping it to China for reasons including air pollution in the jet stream that comes back to the Pacific Northwest. Mr. Walters reported that the Council Planning Committee had almost finished working through Terry Christensen's suggestions and would present its recommendations to Council in table form in the future. He added that the committee had also nearly finished an assisted living definition. Mrs. Richardson announced that Mr. Larsen would bring Titles 16, 17, 18 and proposed new Title 19 back to Council in the next few weeks. UNFINISHED BUSINESS Review of Proposed City of Anacortes Parliamentary Procedures -Joint Meeting with Planning Commission City Attorney Brad Furlong said he had incorporated suggested revisions from the last discussion of this topic at the January 7, 2013 regular City Council meeting and provided that draft in the Council packet for this meeting. Mr. Furlong described the reorganization of the material and briefly summarized the changes since the last discussion. He explained that once adopted by City Council the procedures would be adapted for use by the Planning Commission. In reference to Rule 5.6, Mr. Walters asked Council to consider a round robin system similar to that described on the MRSC website to ensure that each councilmember has a chance to speak on each issue. Mrs. Pickett observed such a system had been used in Anacortes before for a number of topics and said the public might appreciate hearing from all councilmembers on each issue. She added that the mayor as executive officer needs to be able to interject information in the discussion in a timely manner. Councilmembers discussed various wording to allow but not force all councilmembers to speak before any councilmember takes the floor for a second time on an issue. Mrs. Richardson and Mr. Walters observed that there would be another round of revisions to the City Council procedures after the proposed parliamentary procedures were revised and agreed that the round robin concept could be addressed at that time. Mr. Walters said that the current revisions needed to provide a way to appeal decisions of the chair. Councilmembers generally agreed that such a provision is standard in parliamentary procedures but that it could be addressed in the next round of procedural revisions. Mr. Johnson referred to Table D: Table of Rules Relative to Motions on page 194 of Robert's Rules of Order Newly Revised, In Brief and noted that since Anacortes procedures vary from The Robert's standard, it would be advantageous to have a single table that summarizes the motions available to Anacortes City Councilmembers that reflect Anacortes procedures. Mr. Furlong said he would finalize the current draft for adoption by Council via resolution. Mrs. Richardson added that she had some grammatical changes she would submit to staff to give to Mr. Furlong. Ordinance 2901: 2012 Comprehensive Plan Amendment Planning Director Ryan Larsen said that at its January 22, 2013 regular meeting the City Council approved one amendment to the City of Anacortes Comprehensive Plan including date changes and title corrections to incorporated documents on Page 2 and Page 10 of the plan. Mr. Larsen asked Council to approve an ordinance adopting the changes. Mrs. Pickett moved, seconded by Mr. Turner, to approve Ordinance 2901, amending the City of Anacortes Comprehensive Plan. Mr. Walters stated that he would vote against the ordinance because of inconsistencies in the documents incorporated by reference and because there was some reason to wait to make the one allowed annual comprehensive plan amendment later in the year. Other councilmembers reiterated their comments from the January 22, 2013 meeting and urged the Planning Department to include a review of the documents incorporated by referenced into the Comprehensive Plan during the next comprehensive plan amendment review cycle. Anacortes City Council Minutes February 4, 2013 2 Vote: Ayes—Richardson, Johnson, Pickett, Adams and Turner. Nays—Walters. Motion carried. Consent Agenda Mr. Johnson asked to withdraw Item 6b, March Point Water Line Easements Renewal, from the Consent Agenda. Mr. Walters moved, seconded by Mr. Adams, to approve the following Consent Agenda items. Vote: Ayes —Johnson, Walters, Pickett, Adams, Turner and Richardson. Motion carried. Approval of Vouchers/Cancellation of Checks Council voted unanimously that the following vouchers/checks audited and certified by the City's Auditing Officer(Finance Director)and subsequently reviewed and approved by the Council Finance Committee on January 24, 2013 and January 31, 2013 are approved for payment as of February 4, 2013. Claims Check Numbers 67478 through 67602 in the total amount of$921,259.55 EFT Check Number 67477 in the total amount of$1,085.00 Prewritten Checks Check Numbers 67313 through 67320 and 67476 in the amount of$282,936.06 Payroll for January 18, 2013 in the total amount of$572,452.60 Check Numbers 37960 through 37986 in the total amount of$25,178.48 Direct Deposit Numbers from 47598 through 47781 in the total amount of$346,730.65 EFT Numbers from 1500 through 1506 in the total amount of$200,543.47 In the same motion Council accepted as complete the 2012 City Shop Paver Project(Contract 12-021- IDS-001 with Lakeside Industries. Regarding Item 6b, March Point Water Line Easements Renewal, Public Works Director Fred Buckenmeyer said the City had been working on a number of waterline easements in the area of the Swinomish casino since 2009. He said attorney Steve DiJulio represented the City in this matter and had written the new easements to share a common expiration date, 12/31/2099. Mr. Buckenmeyer said the value of the easements was established by a BIA certified appraiser agreed on by both parties and that the funding had been in budget since 2009. Councilmembers inquired about a number of details in the easement agreements which Mr. Buckenmeyer addressed. Mrs. Richardson moved, seconded by Mr. Turner, to approve the Easement for Water Pipelines and Agreement to Provide Water Supply with the Swinomish Indian Tribal Community and the Easement for Water Pipelines with the United States/ Marvin Wilbur and Salish Trust. Vote: Ayes—Walters, Pickett, Adams, Turner, Richardson and Johnson. Motion carried. Closed Record Review: MJB Properties Shoreline Substantial Development Permit Request to Construct a Travel Lift Pier, Boat Wash Pad,Accessory Building, and Float Extension; and Conditional Use Permit for Seaplane Moorage Assistant Planning Director Don Measamer presented an application from MJB Properties LLC for a Shoreline Substantial Development Permit to construct two piers to accommodate a 250-ton travel lift, a boat wash pad, accessory building, stormwater outfall and a floating dock extension as well as a request for a Conditional Use Permit for seaplane moorage. Mr. Measamer reported that the Planning Commission held an open record public hearing on January 9, 2013 and forwarded a recommendation of approval to the City Council. He added that there have been no appeals. Mr. Measamer showed aerial photographs illustrating the zoning in the area and described the proposed facility. He reported that the Anacortes City Council Minutes February 4, 2013 3 Planning Commission recommendation included a condition [Condition 12] that seaplane moorage be limited to private use by clients of the boat storage facility and that increased intensity of future operations such as commercial seaplane operations may require modification of the CUP/Shoreline Substantial Development Permit and additional environmental review. Mr. Measamer addressed councilmember questions about the stormwater outfall, seaplane moorage, barge loading facility, public use of the travel lift, public access, and environmental cleanup. Mrs. Richardson moved, seconded by Mrs. Pickett, to approve MJB's application for the travel lift piers and float plane dock including the conditions recommended by the Planning Commission. Vote: Ayes— Pickett, Adams, Turner, Richardson, Johnson and Walters. Motion carried. Ordinance 2899: Revised Fireworks Ordinance Prohibiting Sky Lanterns Fire Marshal Jack Kennedy presented an ordinance to amend AMC 8.16 regarding fireworks to prohibit sky lanterns. Mr. Kennedy described the inherent dangers of the devices and past incidents with them in Anacortes. He added that unlike fireworks bans, this ordinance would not require a one-year waiting period because sky lanterns aren't technically fireworks. Councilmembers and City Attorney Brad Furlong discussed the appropriate civil or criminal penalties for violations of the ordinance and the option of holding a public hearing on the ordinance. Mrs. Pickett suggested holding off on making a decision until Mr. Furlong could consult with the police and fire chiefs and City Prosecutor Craig Cammock. Other councilmembers and the mayor concurred. Public Hearing: Latecomer Agreement: Waterline Extension along H Ave & Quail Dr(Schorr Application) Public Works Director Fred Buckenmeyer announced that the prior week the City was awarded another $500K grant for the roundabout at 22" Street and R Avenue. Mr. Buckenmeyer introduced the agenda item with a summary of how latecomer agreements are structured and provided for in the AMC. Regarding the instant agreement, Mr. Buckenmeyer explained that Erik Schorr's application for Latecomer Agreement was submitted in 2009 but before the public hearing was held a continuation was requested until discrepancies could be researched. He reported that the applicant only recently contacted the City to recommence the process. Mr. Buckenmeyer illustrated the three parcels affected by the agreement, one of which is the participating parcel, and said the other two would be subject to latecomer fees of$8,480.36 should they elect to connect to the water lines installed by Mr. Schorr in the next ten years. Mr. Buckenmeyer advised that all required notices had been posted for the evening's public hearing. At approximately 8:30 p.m. Mayor Maxwell opened the public hearing. No one present wishing to speak, the mayor closed the public hearing. Mr. Johnson moved, seconded by Mr. Turner, to accept the terms of the latecomer agreement dated December 18, 2012. Vote: Ayes—Adams, Turner, Richardson, Johnson, Walters and Pickett. Motion carried. Construction Contract 05-014-WTR-012 for WTP Improvements (IMCO) Change Order Assistant City Engineer Matt Reynolds gave a brief update on the progress of the Water Treatment Plant improvement project. He reported that after almost exactly two years construction was tapering off and startup was beginning and said the plant could be operational in the next month. Mr. Reynolds presented proposed Change Order 6 to Contract 05-014-WTR-012 with IMCO in the amount of$423,072.37 for 17 separate issues. Mrs. Richardson observed that cumulative change orders through No. 6 were still only 1.6% of the contract amount and called that"totally amazing". She praised the effective cost control measures. Mr. Johnson moved, seconded by Mr. Adams, to approve Change Order No. 6 with IMCO Construction. Vote: Ayes—Turner, Richardson, Johnson, Walters, Pickett and Adams. Motion carried. There being no further business, at approximately 8:38 p.m. the regularly scheduled Anacortes City Council meeting of February 4, 2013 was adjourned. Anacortes City Council Minutes February 4, 2013 4